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Section 9

Search for explosives under warrant

of Explosives Act 1957

ActIn forceProvision 9 of 28
Section 9
(1)

A Magistrate, a senior police officer or an Officer in Charge of a Police District, on being satisfied upon written information on oath and after any enquiry which he may think necessary that—

(a)

any person residing within the limits of his jurisdiction—

(i)

has in his possession any explosive without a licence therefor or in contravention of the conditions upon which any licence therefor was issued; or

(ii)

has in his possession any explosive whereof he cannot be left in possession without danger to the public peace; or

10 Laws of Malaysia ACT 207

(b)

any explosive is in or on any house, premises or other building or place or any vehicle, vessel or aircraft, may by warrant authorize any person therein named or any police officer with such assistance and by such force as may be necessary by night or by day—

(A)

to enter or board and search any house, premises or other buildings or place or any vehicle, vessel or aircraft specified in the warrant and to search all persons found therein or thereon;

(B)

to seize and detain any explosive found as a result of the search; and

(C)

to arrest any person found in or on the house, premises or other building or place or the vehicle, vessel or aircraft whom the officer has reasonable grounds for suspecting to be about to commit or to be committing or to have committed any offence against this Act.

(2)

Whoever, upon a search being made under this section, having in his possession or custody any explosive or knowing where any explosive is concealed, refuses to produce or point out the same to the person making the search, or intentionally conceals the same, shall, on conviction, be liable to imprisonment for seven years, or to a fine of ten thousand ringgit, or to both.

Search warrant against persons